REPORT OF THE SECRETARY-GENERAL ON THE
SITUATION CONCERNING WESTERN SAHARA

I. INTRODUCTION

1. The present report is submitted pursuant to
Security Council
resolution 1108 (1997) of 22 May 1997, in
which the Council urged the parties, Morocco and the Frente Popular
para la Liberación de Saguía el-Hamra y del Río
de Oro (Frente POLISARIO), to continue to cooperate with my Personal
Envoy in his mission, and requested me to submit, by 15 September
1997, a comprehensive report on the results of my evaluation of all
aspects of the Western Sahara issue.

2. In a presidential letter dated 18 September
(S/1997/722), the Security Council agreed to my proposal, contained
in a letter dated 12 September (S/1997/721), to defer the report
until later this month, in order to take account of the results of
the round of direct talks between the parties held from 14 to 16
September. The Council expected to receive my report in time to
enable it to take action with regard to the United Nations Mission
for the Referendum in Western Sahara (MINURSO), whose current mandate
expires on 30 September 1997.

3. The present report covers developments since my
interim report of 9 May 1997 (S/1997/358),
including the efforts pursued by my Personal Envoy following his
exploratory visit to the Mission area in late April, other aspects
relevant to the settlement plan (S/21360
and S/22464), as well as my observations
and recommendations.

II. MISSION OF THE PERSONAL ENVOY OF THE
SECRETARY-GENERAL

4. Following his exploratory visit to the Mission
area, my Personal Envoy, Mr. James A. Baker III, informed me that
neither party had indicated any willingness to pursue any political
solution other than implementation of the settlement plan. He advised
that discussions with the two parties on the implementation of the
plan would be necessary, but that the only way realistically to
assess its implementability would be by arranging direct talks
between them, under United Nations auspices. I decided therefore to
invite the Government of Morocco and the Frente POLISARIO as well as
the two neighbouring countries, Algeria and Mauritania, to send
high-level representatives to meet with my Personal Envoy in London,
for separate consultations on that issue on 10 and 11 June.
Throughout the consultations and subsequent direct talks, Mr. Baker
was assisted by Mr. Erik Jensen, my Acting Special Representative for
Western Sahara, Mr. Chester A. Crocker, former United States
Assistant Secretary of State for African Affairs, and Mr. John R.
Bolton, former United States Assistant Secretary of State for
International Organizations.

5. In London, my Personal Envoy informed each
delegation of the conclusions he had reached following his
exploratory visit to the Mission area. He explained that direct talks
between the two parties would be necessary, in order to address the
obstacles in the implementation of the plan. The talks, which would
start on 23 June, at Lisbon, would be private, would not constitute
an international conference and would continue for as long as he felt
that there was progress. Algeria and Mauritania, as observers, would
be kept informed of developments, but would take part in the
discussions only on issues directly affecting them.

6. My Personal Envoy further explained to the
parties that, during the direct talks, he would make suggestions and
offer ideas to facilitate their work, including proposals for
bridging their differences to try to eliminate deadlocks. However, he
would have no power to impose solutions on them, or veto agreements
reached by them. It was agreed with the two parties and the two
observer countries that complete confidentiality would be maintained
and that no issue would be considered as finally agreed until all
outstanding issues were agreed.

7. Under the ground rules set forth and agreed to
in London, the first official direct contact between Morocco and the
Frente POLISARIO under United Nations auspices was held at Lisbon on
23 June, in a good, cooperative atmosphere. The discussions started
with the primary issue that had deadlocked the implementation of the
settlement plan, namely the identification of prospective Saharan
voters in the referendum. At the end of the first day, my Personal
Envoy submitted a proposal to bridge the parties' differences in the
identification process. The delegations of Algeria and Mauritania
were kept fully briefed of developments. Since both sides indicated
that they needed to consult with their principals before responding
to Mr. Baker's proposal, the Lisbon meeting was adjourned on the
second day. However, both parties gave their responses to my Personal
Envoy within 48 hours.

8. This led to a second round of direct talks
between the parties, held in London on 19 and 20 July. Algeria and
Mauritania were also invited as previously. During those talks,
agreement was reached on issues related to the identification of
prospective voters and on preparations for the return of refugees
(see annex I to the present report). In addition, the parties
confirmed their support for the provisions of the settlement plan
concerning the reduction and confinement of Moroccan forces during
the transitional period. Those agreements, and all others
subsequently reached in the direct talks under the auspices of my
Personal Envoy, were reduced to writing and initialled by the
parties.

9. At the end of the second round, the parties
agreed to hold a third round of direct talks at Lisbon, on 29 and 30
August, during which they would continue their discussions on troop
confinement and would also discuss issues related to the release of
prisoners of war and of Saharan political detainees.

10. My Personal Envoy opened the third round of
direct talks between the parties in Lisbon on 29 August, as
scheduled. Algeria and Mauritania were again invited as previously.
During the Lisbon talks, agreement was reached on issues related to
the confinement of Moroccan and Frente POLISARIO forces and to the
release of prisoners of war and Saharan political prisoners and
detainees (see annex II).

11. While in Lisbon, my Personal Envoy also began
discussions between the parties on a proposed code governing their
conduct during the referendum campaign, as envisaged in the
settlement plan. Following a general discussion on this question in
the afternoon of 29 August, he decided to adjourn the talks, as the
Moroccan delegation had not expected to discuss this issue in detail
and therefore did not have the appropriate experts in attendance. The
two parties agreed to hold the next round in the United States of
America, with a view to reaching an agreement on the code and related
issues.

12. The fourth round of direct talks between the
two parties was held at Houston, Texas, from 14 to 16 September.
Algeria and Mauritania attended again as observers. On 16 September,
Morocco and the Frente POLISARIO reached agreement on the code of
conduct for the referendum campaign and on a declaration of the
parties relating to the authority of the United Nations during the
transitional period. In addition, they agreed to a set of practical
measures for the resumption of the identification process. The
documents agreed to during this round are contained in annex III to
the present report.

13. I take this opportunity to express again my
appreciation to the Governments of Portugal and the United Kingdom of
Great Britain and Northern Ireland, as well as the Baker Institute
for Public Policy at Rice University in Houston, for having hosted
the direct talks.

III. MILITARY AND CIVILIAN POLICE
ASPECTS

Military component

14. On 18 July 1997, Major-General Jorge Barroso
de Moura (Portugal) completed his assigned tour of duty as the Force
Commander of MINURSO. The Chief of Staff, Colonel Mohd Isa bin Said
(Malaysia), served as Acting Force Commander until the arrival of
Major-General Bernd S. Lubenik (Austria), who took up his functions
on 28 August. As at 24 September, the strength of the military
component stood at 224 (annex IV).

15. During the reporting period, the situation in
Western Sahara remained stable. The military component of MINURSO
continued to monitor the ceasefire through daily ground patrols and
helicopter reconnaissance. Both the Royal Moroccan Army and the
Frente POLISARIO forces continued to cooperate with the military
observers.

16. On 17 August, a Moroccan water tanker was
allegedly fired upon. The incident was thoroughly investigated by
MINURSO military observers, with the cooperation of both parties.
However, responsibility for the incident could not be conclusively
established.

Civilian police component

17. In my report of 5 May (S/1997/358), I
indicated that the civilian police component was being phased out
pending conclusion of the talks under the auspices of my Personal
Envoy. Accordingly, the last three civilian police officers left on 2
June.

IV. OTHER ASPECTS OF THE SETTLEMENT
PLAN

Saharan political prisoners and
detainees

18. On 8 September, the Independent Jurist,
Professor Emmanuel Roucounas, met with Moroccan officials in Rabat,
to seek specific information on a list of 167 alleged political
prisoners and detainees, submitted by the Frente POLISARIO and
transmitted to the Government of Morocco by my Acting Special
Representative on 17 January 1997. During
the meeting, the Moroccan officials informed the Independent Jurist
that they had identified only one individual on the list, a member of
the armed forces who had deserted and received a death sentence,
later commuted to life imprisonment.
According to the authorities, the other persons listed were (a) dead,
(b) unknown, (c) had joined the Frente POLISARIO, (d) had been
released or (e) amnestied. In addition, some names on the list
appeared more than once. When asked by the Independent Jurist for the
names of the persons in these categories, the officials replied that
they would be provided at a later stage, together with clarifications
about repeated names. They also expressed concern that, as indicated
in the Frente POLISARIO's transmittal letter, the list was
provisional and therefore subject to changes or additions. The
Independent Jurist is prepared to return to the region at the
earliest opportunity in order to undertake further consultations with
the parties.

Repatriation of refugees

19. In accordance with the agreement reached by
the parties in London on 11 June, the Office of the United Nations
High Commissioner for Refugees (UNHCR) began preparatory work in the
region in early August. Two UNHCR delegations arrived in the Mission
area on 6 and 9 August. A multidisciplinary technical team remained
until 20 August, to carry out a survey of facilities and conditions
in the Territory, in the refugee camps in the Tindouf area, and in
Mauritania, in order to update the report of a UNHCR technical
mission undertaken in 1995. A legal/protection team carried out a
pilot registration project until the end of August, in three of the
refugee camps. The team interviewed a number of residents in the
camps, asking them whether they wished to be repatriated and, if so,
to which final destinations in the Territory. UNHCR is pursuing its
activities in order to complete the preparations for the repatriation
of Saharan refugees in accordance with the provisions of the
settlement plan and the agreements reached in the direct
talks.

V. FINANCIAL AND ADMINISTRATIVE ASPECTS

20. On 5 August, the Governor of Laayoune informed
MINURSO that the Government of Morocco would no longer be in a
position to provide board and lodging to MINURSO personnel in
Laayoune after August 1997. However, while in Houston for the direct
talks of 14 to 16 September, the Moroccan authorities advised that
facilities would continue to be provided to the MINURSO personnel in
Laayoune beyond the current mandate. I am gratified that the
Government of Morocco will continue to extend these facilities, in
accordance with the agreement between the United Nations and the
Government on the privileges and immunities of MINURSO, concluded by
an exchange of letters dated 13 December 1991 and 15 January
1992.

21. In its resolution 51/2 B of 13 June 1997, the
General Assembly appropriated $30,229,800 gross for the maintenance
of MINURSO, at its current strength, for the period from 1 July 1997
to 30 June 1998, to be assessed at the monthly rate of $2,519,150
gross. I will submit an addendum to the present report shortly to
provide the financial implications for the resumption and completion
of the identification process, as outlined in paragraphs 28 to 30 of
the present report.

22. As at 24 September 1997, unpaid assessed
contributions to the MINURSO special account for the period since the
inception of the Mission to 30 September 1997 amounted to $46.2
million. The total outstanding assessed contributions for all
peacekeeping operations as at 24 September 1997 was $1,849
million.

VI. OBSERVATIONS AND RECOMMENDATIONS

23. When I appointed Mr. James A. Baker III as my
Personal Envoy for Western Sahara, I asked him to undertake a fresh
assessment of the situation, whose purpose would be threefold: to
assess, in consultation with the parties, the implementability of the
settlement plan in its present form; to examine whether there were
any adjustments, acceptable to the parties, which would significantly
improve the chances of implementing it in the near future; and, if
not, to recommend other possible ways of resolving the
conflict.

24. As indicated in paragraph 4 of the present
report, my Personal Envoy concluded after his exploratory mission in
late April 1997 that neither Morocco nor the Frente POLISARIO wished
to pursue any political solution other than implementation of the
settlement plan. I supported his view that the only way to address
the obstacles in the implementation of the plan and assess its
implementability would be through direct talks between the parties,
under the auspices of the United Nations.

25. During the ensuing rounds of direct talks, as
described in section II of the present report, the two parties agreed
to bridging proposals on outstanding issues related to the
identification of prospective voters in the referendum, to the
preparatory work of UNHCR for the repatriation of Saharan refugees,
and to the code governing the conduct of the parties during the
referendum campaign. Compromise agreement was also reached by the
parties, as well as the two observer countries, on the outstanding
question of Frente POLISARIO troop confinement. With regard to
prisoners of war and Saharan political detainees, the parties
reaffirmed their commitment to the relevant provisions of the
settlement plan and to cooperation with the International Committee
of the Red Cross and the Independent Jurist. At the conclusion of the
fourth round of direct talks, the parties agreed to a set of
practical measures to be taken for the resumption of the
identification process. They also agreed to an important declaration
relating to the authority of the United Nations during the
transitional period.

26. With these agreements, and the goodwill and
spirit of cooperation shown during the talks, the main contentious
issues that had impeded the implementation of the plan have thus been
satisfactorily addressed. It may be recalled that in order to reach
resolution of these issues, my Personal Envoy agreed with the parties
at the start of the talks that no issue would be considered as
finally agreed until all outstanding issues were agreed. With the
successful completion of the last round, all the agreements reached
in London, Lisbon and Houston have taken effect.

27. These achievements create the conditions to
proceed towards the full implementation of the settlement plan,
starting with the resumption of the identification process. I believe
that MINURSO should be provided with the resources to do so on an
urgent basis, in order to build on the current momentum. It is my
intention to approach the competent legislative bodies with a view to
obtaining the necessary commitment authority in this regard to begin
this process. It is hoped, however, that the two parties, as well as
the two observer countries, will be as cooperative in implementing
the agreements as they were in reaching them. Ultimately, it is only
the genuine commitment of the parties to the settlement plan and the
agreements reached in the direct talks that will determine whether it
is possible to fulfil the objectives of the plan.

28. I therefore recommend that MINURSO proceed
with the implementation of the plan, starting with the completion of
the identification process. The identification of all remaining
prospective Saharan voters could be completed at the earliest
feasible opportunity, provided that both parties cooperate totally
with the Commission in carrying out its tasks in accordance with the
measures agreed.

29. The identification operation would be
conducted in successive phases. Identification would begin at four
centres. It is estimated that 32 identification staff and 36 civilian
police officers would be required to operate these centres. The
operation would then be rapidly expanded to a maximum of nine centres
operating concurrently, with an estimated additional staff of 40
identification and 45 civilian police officers. By the end of the
process, the list of persons judged eligible to vote would be
published, and the transition period could begin shortly thereafter,
upon completion of other steps required by D-day in accordance with
the settlement plan. On the basis of the original timetable for the
transitional period, the referendum of self-determination in Western
Sahara would thus be held within a year.

30. The identification operation should be resumed
as soon as possible. As an immediate step, the identification
records, stored at the United Nations Office at Geneva since July
1996, would be transferred back to MINURSO in Laayoune and Tindouf.
During this period, experienced identification personnel and civilian
police officers would be identified and recruited, in order to launch
the process and train staff arriving subsequently. The list of
Saharan sheikhs called upon to testify would be revised.
Identification centres would be reopened by the end of this period
and convocation lists of applicants to the referendum would start
being issued.

31. In order to initiate this preparatory work and
also to enable concerned members of the Security Council to consult
with their authorities on the proposed expansion of MINURSO, I
recommend that the mandate of the Mission be extended for three
weeks, until 20 October 1997. I further recommend that the mandate of
MINURSO be extended thereafter for a period of six months, until 20
April 1998, in order for the Mission to proceed with the
identification tasks described in the three preceding paragraphs. The
related cost estimates are being issued as an addendum to the present
report.

32. Should these recommendations meet the approval
of the Security Council, it would be my intention to dispatch a
technical team to the Mission area during the first half of October
1997, to reassess the resources requirements for the deployment of
MINURSO at full strength. I expect to revert to the Council in
November with a comprehensive report, including a detailed plan,
timetable and financial implications for the holding of the
referendum of self-determination and fulfilment of the United Nations
objectives in Western Sahara.

33. I wish to take this opportunity to express my
deep gratitude to Mr. James A. Baker III for his invaluable
contribution to overcoming the obstacles in the implementation of the
settlement plan and moving the peace process forward in Western
Sahara.

Annex I

Results of the second round of direct
talks

London, 19 and 20 July 1997

I. COMPROMISE AGREEMENT ON OUTSTANDING
IDENTIFICATION ISSUES

1. The parties agree that they will not directly
or indirectly sponsor or present for identification anyone from
tribal groupings H41, H61 and J51/52 other than persons included in
the Spanish census of 1974 and their immediate family members, but
the parties shall not be obligated to actively prevent individuals
from such tribal groupings from presenting themselves. The parties
agree that identification of any such individuals who may present
themselves shall proceed as soon as possible.

2. The parties agree that persons from all other
tribal groups from census categories H, I and J may come forward to
be identified.

3. The parties agree that the Special
Representative of the Secretary-General shall notify the parties of
the results by number, but not name, of the identification process to
date.

4. The parties acknowledge that, from the time of
the original settlement plan, they have understood that credible oral
testimony to the Identification Commission would be required, and the
parties agree that in the identification process oral testimony will
be received and considered by the Identification Commission, as
provided for in the settlement plan.

II. COMPROMISE ON OUTSTANDING REFUGEE
ISSUES

The parties concur that the Office of the United
Nations High Commissioner for Refugees (UNHCR) should begin the steps
preparatory to the process of repatriation of refugees in accordance
with the settlement plan. In addition, they have agreed to cooperate
with UNHCR in implementation of the repatriation programme in
accordance with UNHCR's normal practice and established principles of
repatriation.

Annex II

Results of the third round of direct
talks

Lisbon, 29 August 1997

I. COMPROMISE AGREEMENT ON TROOP
CONFINEMENT

1. The parties agree that Moroccan armed forces
will be reduced and confined or contained in all respects strictly in
accordance with the provisions of the settlement plan.

2. The parties and the observer nations of Algeria
and Mauritania also agree that Frente POLISARIO armed forces will be
confined or contained in locations and numbers as designated by the
Special Representative of the Secretary-General (as called for in the
settlement plan) provided, however, that no more than 2,000
individuals may be confined or contained on the territory of Western
Sahara east of the sand berm and no more than 300 individuals on the
territory of Mauritania. Frente POLISARIO armed forces over and above
the number designated by the Special Representative of the
Secretary-General for confinement or containment in Western Sahara
east of the sand berm and in Mauritania shall be confined or
contained on the territory of Algeria. As far as the locations of the
troops to be confined and contained in Algeria and Mauritania are
concerned, these locations will be identified in coordination with
the Algerian and Mauritanian authorities.

3. This compromise agreement is for the sole
purpose of further defining the rights and responsibilities of the
parties and the observer nations regarding confinement or containment
of troops for the purpose of carrying out the settlement plan and the
referendum called for in such plan. This compromise shall in no way
change, alter or otherwise affect the internationally recognized
boundaries of Western Sahara, and shall not serve as precedent for
any argument that such boundaries have changed or been
altered.

II. PRISONERS OF WAR

1. The parties agree that all prisoners of war
will be repatriated in accordance with the provisions of the
settlement plan.

2. The parties further agree that they will
continue their full cooperation with the International Committee of
the Red Cross until the completion of the repatriation
process.

III. POLITICAL PRISONERS OR DETAINEES

The parties agree that any and all Saharan
political prisoners or detainees will be released, pursuant to the
amnesty envisioned in the settlement plan, before the beginning of
the referendum campaign. The parties further agree that they will
fully cooperate with the Independent Jurist in carrying out his
duties.

Annex III

Results of the fourth round of direct
talks

Houston, Texas, 14-16 September
1997

I. DECLARATION OF THE PARTIES

1. The Parties agree to comply with their
commitments as regards the identification process, repatriation of
refugees, prisoners, detainees, confinement of their respective
troops as well as the code of conduct for the referendum
campaign.

2. The Parties understand and agree that the
United Nations is required by the settlement plan to organize and
conduct a referendum that is free, fair and transparent and free from
all constraints, both for participants and accredited observers. They
also understand and agree that the Special Representative of the
Secretary-General will set the start of the referendum campaign when
he is satisfied that all such conditions are met.

3. Accordingly, the Parties agree that the powers
and authorities of the United Nations during the transitional period,
as described in the settlement plan, and during the referendum
campaign, as described in the code of conduct, shall apply to ensure,
among other things, that there shall be complete freedom of speech
and assembly, and of the press, as well as freedom of movement of
personnel and property into, out of and within the Territory, thus
creating a climate of public tranquillity within which a referendum
free of all constraints, intimidation and harassment can be organized
and conducted by the United Nations.

4. The Special Representative of the
Secretary-General shall be authorized to issue regulations
prohibiting graft, fraud, intimidation or harassment which could
interfere with the organization and conduct of a free, fair and
transparent referendum, and shall likewise be authorized to require
that all Parties shall have equal access to all television and radio
facilities for the purpose of broadcasting their respective views on
the referendum. Television and radio facilities shall be made
available at United Nations expense to the Special Representative of
the Secretary-General to the extent he deems appropriate, in order to
disseminate publicly information about the referendum in order to
inform all eligible voters about their rights and
obligations.

II. CODE OF CONDUCT FOR THE REFERENDUM CAMPAIGN IN
WESTERN SAHARA

Having regard to resolution
658 (1990), by which the Security Council
approved the report of the Secretary-General of the United Nations on
the situation concerning Western Sahara (S/21360),

Having regard to resolution 690 (1991), by which
the Security Council approved the report of the Secretary-General
(S/22464) and decided to establish, under its authority, a United
Nations Mission for the Referendum in Western Sahara
(MINURSO),

Having regard to the aforementioned reports of the
Secretary-General collectively referred to as the "Settlement
Plan",

Having regard to regulations 5 and 8 to 10 of the
General Regulations for the Organization and Conduct of the
Referendum in Western Sahara issued by the Secretary-General on 8
November 1991 (S/26185, annex III), and

In order to ensure that the referendum on
self-determination for the people of Western Sahara is free and fair,
without military or administrative constraints and without any
intimidation or interference, the Code of Conduct set out below shall
govern the referendum campaign.

This Code of Conduct formulated and issued by the
Special Representative of the Secretary-General after consultation
with the two Parties shall govern the conduct and behaviour, during
the referendum campaign, of the Parties and persons or groups of
persons approved by the Special Representative of the
Secretary-General, supporting one or the other Party participants in
the referendum.

1. Sole and exclusive authority over all matters
relating to the referendum, including its organization and conduct,
shall be vested in the United Nations. This authority shall be
exercised, within the framework established by the Settlement Plan,
by the Special Representative of the Secretary-General.

2. The Special Representative shall, in accordance
with the Settlement Plan, set the date for the commencement of the
referendum campaign, which shall be at such time as he is satisfied
that all conditions are met for a free and fair campaign and which
date shall be three weeks prior to the date set for the referendum.
No referendum campaign activities shall commence prior to that
date.

3. The two Parties shall be entitled, in
accordance with the provisions of this Code, to campaign freely for
the support of those entitled to vote, during the period specified
for this purpose in paragraph 2 above. Each Party shall respect the
corresponding right of the other Party in this regard.

4. The two Parties shall respect the right of all
persons or groups of persons wishing to participate in campaign
events and activities, expressly prohibiting any form of
intimidation, including intimidation of persons seeking access to
polling centres. The two Parties shall see to it that no person or
group of persons disrupts meetings, demonstrations and rallies
organized by others having a different political view. The two
Parties shall do what is needed to ensure that no person or group of
persons seeks to prevent anyone from participating in meetings,
demonstrations or political rallies organized by others to put
forward a political position that is different from their own. It is
understood that, apart from those returning under the auspices of
UNHCR in accordance with the Settlement Plan, no party shall
encourage, support or facilitate the transfer or movement of people
in substantial number into the Territory without the express
authority of the Special Representative.

5. Possession of weapons of any kind, including
traditional weapons, shall be strictly prohibited during any meeting,
march, demonstration or political rally related to the referendum
campaign.

6. No meeting, demonstration or political rally
involving 30 or more persons may be held or organized without the
prior authorization, in writing, of the MINURSO civilian police who
will consult with the existing security forces. In all cases where
such consultation is required or permitted by this Code, the adequacy
of such consultations shall be determined solely by the Special
Representative. The Parties shall notify the MINURSO civilian police
of their intention to hold a demonstration and shall apply for the
required authorization at least two days prior to the proposed
demonstration.

7. In accordance with its functions, which include
monitoring the existing security forces, the MINURSO civilian police
shall ensure that meetings, marches, demonstrations and rallies of
opposing parties are not held close to one another, at the same time
or in such a manner as to threaten public order and security. The two
Parties undertake to cooperate with MINURSO in good faith so that
this principle may be applied faithfully and reasonably should the
dates or venues coincide.

8. Each Party shall establish direct lines of
communication and maintain regular contact with the field offices of
the Special Representative in the Territory, and shall keep the
Special Representative apprised of any information he may request or
need in order to ensure a free and fair campaign.

9. The two Parties shall respect the right to
participate in authorized political meetings, demonstrations, marches
and rallies conducted as part of the referendum campaign on the part
of all voters entitled to participate in the referendum. Where
necessary, the Special Representative shall take appropriate measures
to ensure the security and freedom of access of the persons
concerned, including consultations with the existing security
forces.

10. The two Parties shall permit representatives
of the international and local press and independent observers duly
accredited by the Special Representative unrestricted access to all
public political activities conducted during the referendum campaign
and referendum. Such observers, to be accredited, must be recognized
and experienced in election observation, shall perform only
observation and reporting functions, and shall not engage in any
partisan activities. The two Parties shall likewise respect the
rights of official observers as are provided for under the Settlement
Plan to observe and attest all political activities conducted during
the referendum campaign and referendum.

11. Campaign material normally used, such as
posters, video equipment, tapes, loudspeakers and, within reasonable
limits, vehicles, shall be permitted at campaign activities. No
national colours or flags, other than the United Nations flag, shall
be displayed in any campaign activities or locations. Nor shall any
national colours or flags be displayed except those that were on
government buildings as at 14 September 1997.

12. The two Parties shall ensure that speakers at
campaign events avoid at all times using language which is offensive
or inflammatory or which threatens or incites violence in any
form.

13. The two Parties shall refrain from issuing
pamphlets, newsletters or posters, either officially or anonymously,
having an offensive, abusive or inflammatory content.

14. The two Parties shall make every effort to
ensure that persons or groups of persons do not plagiarize symbols of
opposing groups or steal, remove or destroy their property or
campaign materials.

15. Any complaint or allegation of intimidation or
of any other form of unlawful conduct during the referendum campaign
shall be brought immediately to the attention of the MINURSO civilian
police office and the field office of the Special Representative. The
head of the office in question shall immediately take steps to
resolve the matter, including informing the existing security forces
if, in his opinion, the occasion requires it. If this is not
possible, the matter shall be referred to the Special Representative
for a decision, which shall be final.

16. The two Parties shall issue directives to all
persons or groups of persons requiring their strict compliance with
this Code of Conduct and shall take all other steps necessary to
ensure the effective implementation of the Code.

17. The two Parties shall cooperate with the
Special Representative in publicizing the Code of Conduct throughout
the Territory and in giving it the widest possible
dissemination.

18. The Special Representative of the
Secretary-General shall have the responsibility of guaranteeing the
freedom of movement and the security of the population. The two
Parties undertake to do their utmost to ensure respect for these
rights.

III. PRACTICAL MEASURES TO BE TAKEN FOR THE
RESUMPTION OF IDENTIFICATION

1. The responsibility for implementing the
identification process lies with the Identification
Commission.

2. The Commission will confirm the timetable and
the locations for identification, as well as the operational
procedures for identification. The Chairman of the Identification
Commission will inform and provide the parties with relevant
convocation lists in due time after the list of sheikhs and
alternates for each tribal group to be identified has been
established by the Chairman following consultations with the parties.
All remaining applicants, as defined and agreed in London on 19 July
1997, will be convoked once.

3. The working week and hours of work, as well as
other necessary practical measures to be taken in order to achieve
the weekly programme, will be at the discretion of the centre
leader.

4. In the interest of efficiency and economy, the
necessary rotations will take place once a week from Laayoune and
Tindouf. The parties will ensure that all participants concerned,
sheikhs as well as observers, will be available to complete a full
week's work, and accommodated accordingly.

5. The Organization of African Unity will be
invited to observe in accordance with the settlement plan.

6. The parties undertake to cooperate fully with
the Identification Commission in the discharge of its
function.

Annex IV

Composition of the military component of the
United Nations Mission for the Referendum in Western
Sahara